LAW.coLAW.co

UNITED STATES of America, Plaintiff-Appellee, v. Javier MORENO-MENDOZA, Defendant-Appellant

United States Court of Appeals for the Ninth Circuit2012-08-15No. No. 12-50100
475 F. App'x 250

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

MEMORANDUM

Javier Moreno-Mendoza appeals from the 6-month sentence imposed upon revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Moreno-Mendoza contends that the district court procedurally erred because it failed to consider the 18 U.S.C. § 3583(e) sentencing factors, failed to consider his arguments in mitigation, and failed adequately to explain his sentence. The district court listened to Moreno-Mendoza’s mitigating arguments and then imposed a below-Guidelines sentence. It did not plainly err. See United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir.2010).

Moreno-Mendoza also contends that his sentence is substantively unreasonable because the district court failed to properly consider the sentencing factors. The below-Guidelines sentence is substantively reasonable in light of the totality of the circumstances and the section 3583(e) sentencing factors. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007).

Moreno-Mendoza’s contention that section 3583(e)(3) is unconstitutional is foreclosed by United States v. Santana, 526 F.3d 1257, 1262 (9th Cir.2008).

AFFIRMED.

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).